Update: NOTICE of TELEPHONIC hearing (in place of in-person hearing): Final Settlement and Fairness hearing set for 5/14/2021 at 9:30 AM before Judge William F. Jung. Counsel and interested parties are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 0857 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing.
If you made a purchase on the TrueFire website using a payment card between August 3, 2019 and January 14, 2020, you may be entitled to receive benefits under this class action settlement.
MARCH 11, 2021 — Exclusion Deadline
MARCH 11, 2021 — Objection Deadline
MAY 14, 2021 — Fairness Hearing
JULY 20, 2021 — Claim Form Deadline
This website summarizes the proposed settlement reached in a lawsuit entitled Emmanuel Llamas v. TrueFire, LLC and TrueFire, Inc., No. 8:20-cv-00857-WFJ-CPT (M.D. Fla.), pending in the United States District Court, Middle District of Florida (“Lawsuit”). For the precise terms and conditions of the settlement, please see the Settlement Agreement, by contacting the Settlement Administrator at info@TrueFireDataBreachSettlement.com, or by accessing the Court docket in this case through the Court’s Public Access to Court Electronic Records (PACER) system at https://www.flmd.uscourts.gov/cmecf, or by visiting the office of the Clerk of the Court for the United States District Court for the Middle District of Florida, United States Courthouse, 801 North Florida Avenue, Tampa, Florida 33602 between 8:30 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.
- The lawsuit alleges that between August 3, 2019 and January 14, 2020, TrueFire was the victim of a data skimming attack that resulted in the disclosure of payment card information belonging to individuals who made purchases on the TrueFire website during that time period (the “Data Breach”). TrueFire maintains that it had meritorious defenses, and it was prepared to vigorously defend the lawsuit. The settlement is not an admission of wrongdoing or an indication that TrueFire has violated any laws, but rather the resolution of disputed claims.
- If you made a purchase on the TrueFire website using a payment card between August 3, 2019 and January 14, 2020, you are a Settlement Class Member.
- The Settlement provides that Settlement Class Members who are currently enrolled in TrueFire All Access may elect to have their subscription extended for an additional nine (9) months for no additional fee.
- The Settlement provides that all other Settlement Class Members shall have the option to receive a subscription to TrueFire All Access for a period of nine (9) months by submitting the Election Form by July 20, 2021 and following the additional enrollment instructions to activate the plan as instructed.
- The Settlement provides that California Sub-Class Members who make a claim are eligible to receive $50.00 per Claimant. To be eligible you must have been a resident of the State of California at the time of the Data Breach, and complete and submit the Monetary Payment Claim Form. The Deadline to submit a claim for $50.00 is July 20, 2021.
- The Settlement also provides for reimbursement for time spent remediating fraudulent charges on payment cards as a result of the Data Breach for an amount of $20.00 per hour that is capped at a maximum of three (3) hours per Claimant. To be eligible for reimbursement, you must submit sufficient evidence of your time spent remediating fraudulent charges on your payment card and satisfy additional requirements. The deadline to submit a claim is July 20, 2021.
SUBMIT AN ELECTION FORM
|This is the only way for Settlement Class Members to enroll in the TrueFire All Access Settlement Offering provided by TrueFire. If you submit an Election Form, you will give up the right to sue TrueFire in a separate lawsuit about the claims this Settlement resolves.|
SUBMIT A REIMBURSEMENT CLAIM FORM
|This is the only way for Settlement Class Members to request reimbursement for time spent remediating fraudulent charges on payment cards as a result of the Data Breach. If you submit a Reimbursement Claim Form, you will give up the right to sue TrueFire in a separate lawsuit about the claims this Settlement resolves.|
SUBMIT A MONETARY PAYMENT CLAIM FORM
|This is the only way for California Sub-class Members to request direct payment of the Monetary Payment Claim. If you submit a Monetary Payment Claim Form, you will give up the right to sue TrueFire in a separate lawsuit about the claims this Settlement resolves.|
|Unless you exclude yourself, you are automatically part of this Settlement. If you do nothing, you will still give up the right to sue, continue to sue, or be part of another lawsuit against TrueFire about the legal claims resolved by this Settlement.|
|You will not receive any benefits from the Settlement, and you will not be bound by the terms of the Settlement, if approved by the Court.|
|If you do not exclude yourself from the Settlement Class, you may object to the Settlement or to Class Counsel’s or the Class Representatives’ requests for Class Counsel fees.|
GO TO A HEARING ON MAY 14, 2021
|You may object to the Settlement and ask the Court permission to speak at the Fairness Hearing about your objection.|
- These rights and options—and the deadlines to exercise them—are explained in the Notice.
- The Court still must decide whether to approve the Settlement. No benefits will be provided, or payments made until after the Court grants final approval of the Settlement and all appeals, if any, are resolved.